"america live" i'm megyn kelly. two days after deadly terrorist attacks in ms. cohundreds of security teams are today flooding the new york sub ways we're live at the turnstile with what is going on. and the president today said yes to oil exploration off parts of the east coast so will we soon see them drill baby drill? maybe not but you will see this today. >> no, no, i didn't say go ahead i said you get away. megyn: karl rove literally shouted off the stage by code pink the woman doing the screaming our guest here today on america live. but we begin with a "fox news alert" moments ago we got word of new efforts to head off the nuclear threat from iran. just one day after cia reports suggest that the iranians are ready to produce the world's most dangerous weapons. and we are seeing a new call to stop mahmoud ahmadinejad before he can push the button.

president obama now saying he believes new sanctions against the islamic regime will be approved by the u.n. within weeks. but there are a couple of big hurdles first. mike emanuel live at the pentagon with more. mike what about the push now for a new round of sanctions against iran, yet another new round and does anyone expect them to do anything? >> reporter: well megyn that's the question. president obama really moved in ball yesterday by making it clear he was not willing to wait forever for new sanctions at the event with president nicholas sarkozy of france. nicholas sarkozy said he thought he could get all of europe on board for tougher sanctions against tehran but the question has been what moscow and beijing would sign up for. late last week moscow and beijing said they were stripping out some of the toughest aspects of proposed new sanctions so the question is as we get reports that moscow and beijing are on board for new sanctions precisely what is in them? do they have any teeth in them? that's something we'll be working in the hours ahead as we try to determine exactly what the russians and ci

chinese are on board for megyn. megyn: adding to that mike as you're speak of it a reuters report hits the wire saying six world powers including russia and china did agree on wednesday to start drawing up new sanctions on iran over its nuclear program. that would be very significant, would it not mike? those two russia and china have been the holdouts all along. >> reporter: absolutely and i asked secretary gates here at the pentagon last week about the idea of whether russia and china were stripping out the toughest part and he said important thing is get unanimous support in the security council because this allows other nations and other groups of nations like the european union to take action against iran so we can look for that. but in terms of china there's been a question mark about that secretary of state clinton has said she thinks china will be on board so this wire you're referring to seems to back that up. i talked to a republican yesterday pete hofstra from the intelligence committee in the house who said that china's statements make it

sound like they don't want a nuclear iran but their actions don't seem to back it up some people are really wondering how on board china is with all of this megyn. megyn: indeed they are mike emanuel thank you so much covering it for us live at the pentagon. new security warning today on some deadly terror attacks. we are told some 21 members of a suicide bomb group known as the black widows are still at large and ready to strike. members of the female terror group are believed to be responsible for plotting monday's deadly subway attacks in moscow. the black we dose are described as young women from russia's mainly muslim north region responsible for 30 attacks that are killed at least 900 people. in the past decade or so. russian security forces say the group is ready to strike again and may have also carried out this bombing this morning in southern russia. that blast leaving 12 people dead. all over new york city the police, the transit authority the tsa and the army national guard. this morning swarming new york city's mass-transit

hubs all over. it is part of the bimonthly multiagency super surge exercises or mass for short. but coming on the heels of the deadly homicide attacks in russia and with 5 million people rideing the rails each day it is taking on new ur jen simt -- urgency. rick leventhal live what's the important point of these surges? >> show of force and chance for these agencies to practice emergency response with each other. it can help present terrorist attacks in large part because terrorists don't want to get caught require surveillance and practice and if there's a reasonable chance of bumming into law enforcement experts say the plotters may move on in search of a softer target and what better deterrent could there be than hundreds of heavily-armed police officers in subway stations and trains. >> we haven't had an attack on our system so i assume

those a pretty good indicator we're doing a good job tau other thing about these surges megyn they are random different places and different times and that can also be a deterrent. megyn: at a time when we appear to need them most we're getting reports surveillance cameras that seem to be about everywhere here in new york may not work. >> yeah there's a report that the transit authority says somewhat misleading. there are more than 4,000 cameras installed or being installed across the transit system in new york. only about 2300 of them are actually working but that's because they're still being installed they're still being put on line. another 900 go on line in june and this is all part of the plan but remember the cameras are only part of the solution. they are certainly not a silver bullet. you can help spot anomalies you can spot people loitering or maybe leaving a bag behind but this is a much bigger, bigger issue. you have some 14 million train or subway rides being take ain cross the nation every single day. in fact twice as many people ride new york subways every

day than fly nationwide. so cameras are not the only answer here it's tough to police this many trains this many stations and this many people. you don't have one single funnel point on any of these systems that everyone passes through. so again there's an effort here to increase security but one other point here megyn, we're spending about $6 on average for every air passenger and only 6 cents on average for every rail passenger on security. if you want better security we're going the have to spend more money. megyn: all right rick leventhal thank you. flooding on an unprecedent scale forcing hundreds from their homes in new england and a busy stretch of the i-95 super highway shut down. the national guard pitching in sandbagging the river hoping to keep the running from running into more roads but at times the water is just coming too fast. >> cresting top of the street wasn't doing anything and in moments got eroded came in a quick flash.

>> never seen it like this before. this is partty amazing. it is scary. megyn: after three days of record-breaking rains finally end forecasters now warning the swors yet to come just ahead we are live in warwick, rhode island where homes are filling with water as we speak and some incredible pictures coming in. megyn: we are 90 minutes away now from a possible free speech showdown in a town just outside of san francisco. former white house advisor karl rove will promote his new book at a spot in lafayette, california just two days after members of the anti-war group code pink hecked him at an event in beverly hills. they charged onto the stage calling rove a war criminal even trying to carry out a citizens arrest. rove was forced to cut that event short and later said there simply wasn't enough security there and now the question is can we expect the same thing to happen again today? trace gallagher in new york newsroom. trace? trace: megyn all depends

where you are in california. karl rove saying today he was in fresno yesterday he had 500 people show up in the eastern part of the state. no violence. it's a conservative part of the state. in 90 minutes yes, he goes to lafayette just outside the san francisco bay area over the hill from berkeley. lafayette by the way they have, it's the veterans war hall where this is going to be and just near the veterans war hall is this. you're looking at it is called the hillside of crosses where they have placed some 4,000 crosses of those who were killed in iraq many people in the military believe this is disrespectful to those who are in uniform. it has become a very controversial site. we mentioned lafayette. san francisco is nearby. that's one of the bases of code pink. code ping as you said is the organization -- code pink as you said the organization that disrupd karl rove's book signing in beverly hills. code pink very near lafayette. you can expect him to be here today. listen to what happened in beverly hills.

>> you outed a cia officer you tried to take us to war. you ruined the country. totally ruined the country. >> you're going to rot in hell. >> with all due respect this goes to show the total tearism of the left. they believe in dialogue. they don't believe in courtesy. they don't believe in first amendment rights for anybody but themselves. >> if you want to keep interrupting me you can get the heck out of here. [applause] >> you can get the heck out of here. trace: code pink as we know is the anti-war group that disrupted karl rove's speech. we can expect megyn at least for them to try the same thing at his book signing in lafayette. tonight he's in san diego in la jolla. much more conservative part of california. may not have nearly the same issues. megyn: yeah, we looked on the web site of the woman who is behind that confrontation trace and she says that we invite you meaning the others reading this web site to join in as karl rove continues with his book tour. check to see when he'll be

near you and you can get helpful citizens arrest tips at the following web site and so on. we don't know what is going to happen but they seem to be gearing up for this next book signing. we're covering it. trace gallagher is watching it. happens within this show. trace, thanks so much. and folks stay close because in our next hour we will be speaking with the co-founder of code pink. this woman here who actually attempted a citizens arrest on karl rove. jody evans joins me live next hour. megyn: we are hearing new worries from some doctors today about the health care changes. they say over the coming months we may end up 40,000 doctors short of what we need. actually over the coming years but i'm going to find out exactly when those changes will happen and in the next half hour we'll show you how and if they're going to be able to fix that so you can get in to see your doctor. plus when sarah palin shows up the protesters love to follow but there's a new effort today to silence the former governor before she can even speak. free speech and palin both taking a beating.

that's next with monica crowley.

megyn: new information just coming in on our alert that we brought to you at the top of the hour. the white house just responding to international efforts to seek sanctions against iran. the white house saying it is confident that it will be able to work with china on pressuring iran to stop its nuclear program. now, we just learned that the u.s. great britain, france and germany will work with moscow and beijing to prepare new u.n. sanctions. that is significant because china and russia have been the holdout on this all along. if we have indeed made progress with them that's big and this comes just one day after we saw a cia report suggesting that iran now has the know how to build a nuclear bomb. well, you thought it could only happen in canada, think

again. >> no more hate speech. on our campus. >> week after author ann coulter has her speech canceled in canada thanks to her detractors sarah palin may now get booted off an american campus -- campus before she even shows up. booking palin to headline a fund raise ner june but already students professors even a law maker are challenging her appearance. one professor at the university calling her a "antiintellectual" with no record of accomplishment radio talk show host and fox news contributor monica crowley. we've got professor kelly at no relation up in arms started facebook and students have joins and others saying this is a an outrage she should go and try to raise money for the

university just in case anyone was still under the illusion the left was open minded and tolerant here we have yet another example that they are the exact opposite. sarah palin was invited to kansas to try to raise money for a very good cause. i.e. paying professors and also to raise money to fund college scholarships that -- so that underprivileged youth could actually attend the university of california at stanislaus. she is a dynamite speaker and fund-raiser. >> attracts people. >> yes, whether you agree with her or not people are attracted to her. they want to hear what she has to say. now we have yet another academic bash-in. universities are suppose to be places where you have the free market of ideas. >> columbia university had mahmoud ahmadinejad come. sarah palin is too much for university of california? megyn: columbia is my alma matter and i'm so proud. >> just saying it's an exercise of free speech. megyn: it is the height of irony this particular professor said she's

antiinte lech chul and she has nothing to contribute when i believe he is a professor of zoology and is also running around saying she should be blocked from attending this event on campus. megyn: he said hold on i want to get exactly. she is widely regard as an antiintellectual and her polar igs rhetoric and intolerance of views that differ from her own run very counter to the idea of a university. he thinks she's intolerant of views that differ from her own. >> but he's trying to block her from coming to the campus so who's intolerant you know why love ant the left megyn the irony never seems to sink in. they do the exact on opposite. >> you can bring on people with differing views it's just that she is so very polarizing and in their defense can you think of a tig your -- figure in america that draws such eyre from the left and such love from some on the right at the same time. >> but if you're a

university and claiming to be a marketplace of ideas then you should be inviting all kinds of people and remember universities are generally hot beds of leftist activism and as a conservative i look at that and say there's nothing more polarizing than say bill airs but he's not speaking on campuses. >> they say she has no record of accomplishment within a university. >> i have to say that is really outrageous this is a woman who was elected mayor, she was also elected twice to governor of a major state and she was a vice presidential candidate -- she graduated. >> this guy went to university of college -- in ireland. we could criticize him for that. she is a woman of great accomplishment great substance she's got a very interesting message whether you agree with her or not and she should be allowed to speak in her own own country. >> what do you make of this palin is getting hammered before she even goes to university to help raise money for them coulder gets should down she can't evenen

give second speech in canada. and now karl rove not making policy speeches just trying to promote his book he does admit to some mistakes they don't even want to hear from him. seems like growing din surrounding these conserve tefs. >> and it's nothing new. this has been going on for a very long time liberals who claim they want to have honest open exchange of ideas they're actually lieing to you because when push comes to shove and you have smart conserve tfs like karl rove, like sarah palin who want to go out there and have a civilized exchange they're shouted out. they're shut down and shouted out. megyn: these people represent regular liberals? i dare to say code pink doesn't. but you know, are these far left people or is this act choul lie liberal? >> i would say they are the far left but the problem megyn when you have regular mainstream democrats not condemning this kind of behavior then we're left to just assume that they do represent mainstream democratic politics. i don't think they do but where's the open condemnation of this kind of behavior this is outrageous.

>> even a law maker now out in california is demanding that the fee she will be paid to speak be disclosed which is not required because it's all being done with private money not like the state university is paying for it. >> and when they bring in leftist nobody demands to know how much they're going to be paid. by the way she's comeing there to do them a favor so this particular professor can still have a job next year. >> we'll see whether campaign to boot her off campus before she even shows up succeeds. >> go sarah go. >> all right monica thank you. >> thank you megyn. megyn: yesterday we detailed how the father of a fallen marine has been ordered to pay legal costs for the people who protested at his son's funeral in the most vile way wait until you see what has happened since then. we'll have that develop you're going want to hear that right after this break. plus stofl is -- stof l is in the house also on the streets of new york proving a point about what somebody can do if they say they are acting in the name of science some must see

stossel next. >> i went to times square to sif i could fool people into signing a petition to bank of america -- ban water would they want to ban water if i called it --. >> ban this. >> would these ladies from chicago fall for it? >> we support ban on that. >> almost everyone we asked signed.

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screening saves lives. megyn: the u.s. navy searching for one of its crew members in the persian gulf region missing after a navy plane went down in the north arain sea. navy command calling the crash of one of its surveillance planes a "mishap" saying the aircraft experienced my can any cal issues before the crash. the plane station tonight uss dwight d. eisenhower

aircraft carrier navy says three of the four crew members have been recovered. megyn: anger and outrage are mowning today after the father of fallen marine matthew schneider is ordered to pay the legal costs of the people who protested at his son's funeral. yesterday on this broadcast we spoke with albert schneider that father about the court's decision. today word that help is on the way. many of you trying to do what you can to lend your support and even fox's own bill o'reilly is now offering to pay mr. schneider's legal cost. shannon live in washington. snan shannon the schneider family has been battling this case for years now after these crazies from the westborough baptist church showed up atis son's funeral. what keeps them going, what keeps the family going? >> reporter: well, you know megyn i actually asked al schneider yesterday to explain some of the signs and things that were shown at his son's funeral they're

so bad we can't even talk about them on the air. these are really offensive things happened as he was trying to lay his son to rest. he said listen i don't want any other military family to go through that. he said people get a call that their spouse or their child has been killed and he said he talks with military families who say their next fear is are these people going to show up at my child or my spouse's funeral. here's what he told me. >> we're in the middle of two wars. we still have soldiers coming back in a box and as long as these soldiers are coming back like this i'm0 not going to give up this fight. i've gotten since yesterday afternoon i've gotten over 3,000 e-mails and a lot of them are from soldiers families of soldiers saying please don't give up this fight. and they're what keeps me going. >> and as you know megyn he's fighting it all the way to the supreme court. >> right because he lost -- he wanted -- won trial court level and appeals court reversed it saying these people have free speech right to do this now appealing to the u.s. supreme court what are the odds of success there?

>> well, you know, this is undoubtedly first amendment case. even if you find what these people say and do to be outrageous and offensive it could be protected speech. in most case you and i having covered it we know watching -- justice kenly -- kennedy often swing vote does often take a broad view of protecting speech but i talked to ucla law profes sore who happens to be a constitutional law expert and got his take on this case. he saud i do find this conduct reprehensible but i think the protesters have a great case and all american should want to see the first amendment protected. here's his take. >> hard to tell who the swing vote is. i hope there won't be a swing vote hope it will be unanimous or nearly so. >> we'll have to wait and see but outsider told me you have to draw the line somewhere. you can't yell fire in a crowded theater. he's hopeing the justices will take his side of course after being on your show yesterday the schnieders have gotten a ton of help you mentioned bill o'reilly helping out hearing from people all over the country who can only maybe send $10

they want to do it because they want to help out believe in the fight and want to see the memory of lance corporal matthew schneider protected as well megyn. megyn: you can have nothing but sympathy for that man. shannon thank you so much. new worries today about getting into the see a doctor. some of the healthcare pros are now warning of a crunch as millions of new patients are about to join the insurance rolls who are the doctors who are going to see all of these people dr. marc siegel and dr. london hash that out here live next. flooding is getting so bad in parts of rhode island the orders are simply get out. get out of town. we are live on the banks of a rising river coming up. we had to shut the you tellties off there was a smoke condition in one of the houses electric being infiltrated with the water obviously and we can't shut the houses off individually at this point because the truck, the utility trucks are unable to get down there. i'm robert shapiro. over a million people have discovered how easy it is

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megyn: an update on the top stories we are watching for you at the bottom of the hour. president obama announcing his decision to expand offshore oil drilling in the united states. but critics say the plan doesn't go far enough. police arresting three suspects in connection with a drive-by shooting that killed three people. flooding in the northeast on a scale many people have never witnessed. parts of the main interstate under water. the governor of rhode island calling this understand precedented. molly line is live:the situation. >> reporter: authorities are concerned about the water rising. they say the pawtuxet is still rising and it's not expected to

crest until at least tomorrow. this water could still keep coming up. because of the unprecedented amount of it they don't know where it will go. they want to make sure people are ready for flooding. the state government has been shut down. schools are shut down. businesses have been forced to close. the i-95 shut down. that's causing major problems because everybody has to be rerouted. so rhode island is facing a tough situation today. megyn: look at that shot of the car. what about the infrastructure, the water, the sewage. >> reporter: a lot of people are without power because the national grid has been cutting power to homes. one of their substations is flood so that's been shut down. they are asking people to conserve electricity. not to use more than you need.

they are also a couple sewage facilities that are under water. that raw sewage has joined the rest of the muck and all the things floating in this floodwater. it's a difficult situation. they will have a lot of repairing to do when this is over. megyn: molly line, thank you. one of the largest student loan providers planning to lay off 2,5. >> 0 workers. 30% of -- 2,500 workers, 30% of its workers. the government is taking this over. sally mae says its reform ideas were rejected. new warnings the lines at doctors' offices could be getting worse. the recent healthcare overhaul will place millions more

americans on the insurance rolls and it will take a while to get the needed doctors into place. dr. kathleen london and dr. marc siegel who is also a member of our fox news medical a-team. we touched on this briefly when we had you on last week. people are scared about this. 32 million people are coming onto the rolls of insurance. doctors are supposed to see them, yet we have a shortage in this country of primary care physicians. what's going to happen to the average american trying to see his or her physician. >> the association of medical colleges estimates 160,000 doctors short now that healthcare reform has passed. it would have been 120,000 if it hadn't. but i want to tell you the real

story is that's only part of the doctor shortage. you are assured of a doctor if you go and wait two hours and have to go back home. that's a doctor shortage. if your doctor drops the out of medicaid, that's a doctor shortage. dr. london has a great reputation, if you want to see her you have to make an appointment. if you can't see a doctor when you are sick, that's a doctor shortage. nobody considered doctor's office expenses are going up, our incomes are going down and we don't have the new doctors coming out -- megyn: it doesn't pay very well. how do you respond to that. 32 million people and not enough doctors to service them. >> this bill did not cause this. i started medical school at yale in 1991. it was a problem then. i was the only one at my class

at yale that went into primary medicine. this bill is force us to look at this issue. but you can go back 10, 20, 30 years -- family practice, all primary care make a third to a fifth of what our specialists make. i have have to dotter jobs to supplement my -- i have to do other jobs to supplement work in my office. megyn: a lot of primary care physicians don't even make six figures. you point out it has been a problem for 10, 20, 30 years. is the solution, let's throw another 30 million people in there. >> it will force us to look at it. the fact that the insurance industry tried to put in a loophole with children with preexisting conditions proved that this bill was needed.

that alone. megyn: it doesn't matter if it's needed. what's going to happen when people try to see their doctor? >> we put in play the type of insurance that's easily overused. people can rush to their doctor's office unnecessarily. we have 65 million people that are in underserved areas. we have a health professional shortage in those areas. megyn: they say this plan provides a 10% bonus for medicare for primary care physicians who serve in the underserved areas, and there is an emphasis on wellness care. >> i think the 10% bonus is laughable compared to what medicare is paying plus office expenses going up over the same

period of time. we have a huge problem with primary care doctors not being paid enough. megyn: the phone starts ringing off the hook. patients want to come see you. they need to see a doctor, it's been a long time. at some point you have got to turn them away. there are only so many you can see. >> i'm in massachusetts so we have been dealing with this for a number of years. i started my scheduling system from the beginning the way doctors do. where you keep things open for same-day. i'm electronically based. so those are things that can help. if everybody went to their primary care physicians once a year, we could save billions of dollars. megyn: in massachusetts they say

just over half of the internists there, family practice doctors, and 40% of the family and general practitioners are not accepting new patients because they have so many. don't you need everybody? people are worried about this. how are you guys going to see all of us? >> reimbursement is going to have to shift. the estimates by the american academy of family physicians were a starting point would be a 25% increase in our current reimbursement. nobody is lowering my rent to my office space or utilities or what i pay my staff. at the end of the day we have to address that. medicaid -- >> massachusetts is a telling figure. since the bill passed in massachusetts just as many people are going to the e.r. 15% of visits to the e.r.

so the idea of keeping people out of the e.r. getting them to a primary care doctor is not happening at all. megyn: it's always a pleasure listening to you. we appreciate you coming on for a fair and balanced debate. new details coming in on what was a dramatic tragedy in the skies over san francisco. a small plane coming within 300 feet of a packed passenger jet. we are going to the breaking news desk with trace gallagher. a music video. a pop singer stripping off all or clothes in front of the world including some children. she is walk down the street in in the buff as little kids are standing by. could it land her behind bars? it land her in "kelly's court." walmart's $10 90-day generic prescriptions...

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megyn: we are awaiting new details on the condition of former first lady barbara bush. she was released from the hospital a couple hours ago. the doctor at hospital is about to speak. we'll be watching that at the top of the hour. the president and congress are trying to pass multi billion dollar plans to save the planet. are we talling prey to junk science? john stossel is the anchor of stossel *. what is this? junk science meaning what? >> a lot of things. we covered some republican junk signs and democratic junk signs. global warning is just that.

all the errors in al gore's movie. even the ippc had 20 inches on the high end. megyn: you don't require us to just take your record -- your word for it. you decided to prove how gullible americans can be. >> i'm at times square to see if i can fool people into signing a petition to ban water. ban ox month. within ban dihydrogen monoxide. >> i never knew. it caused you more and severe

burns. >> the printout said it had been found in tumors. these football players signed, too. almost every one we asked signed. >> it's odorless, tasteless. >> we support a ban on that. you took chemistry, right. what is dihydrogen monoxide? >> water. >> we are talking about water here. >> urbanning water? >> it's h20. >> do not ban water. >> let's not. but think about the dumb things we do in the name science. congress got me this golf cart totally free. >> free for me. you taxpayers paid for it. megyn: the problem is when you put the al gore stamp of approval on it and make a movie about it and they give you an academy award, people tend to be trusting, they tend to believe

it. >> with my silly stunt they tend to believe it if you tell them it corrodes metal. it's acid rain. i'm an advocate trying to ban h20. if you get too much of it it can drown you. megyn: did anybody stop you and say, this is ridiculous and what are you doing out here, somele? >> 20% of the people wouldn't sign. this is a science project in idaho. 80% of the people always sign. megyn: it's not just the left that's pushing these what you would call junk science. >> nuclear. i was fooled by this. i thought nuclear was a great alternative form of energy. our environmental whackos -- it

turns out the reason it's not happening is it's so expensive to build the plant. obama is talk about a $100 million subsidy and loan guarantees. if it's such a great idea the market will make it happen. megyn: yet we seem head fear it in both directions. stossel, you are doing good work. appreciate it. stossel. that's the best. if you want to watch "stossel" you can see it thursday nights 8:00 p.m. on the fox business network. all before a live studio audience. how do i get a ticket to go see you. >> it's free. you just write us. megyn: he doesn't know. don't show up here at fox without a ticket. that's the bottom line.

things get out of hand at a book signing. saw it yet? have you seen it? >> you get away. >> you are going to rot in hell. megyn: code pink tries to conduct a citizen's arrest of karl rove. we have the code pink lady who tried to collar karl rove. a new soldier tries throwing a grenade but his aim is way off. with a few seconds to spare we'll show you what happened next. ♪

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megyn: forecasters are telling us the worst may not be over in the rain-soak the northeast. even when the skies begin to

clear later today because many rivers in this region have yet to crest. meaning folks could be in for more flooding and more home evacuations. we are awaiting a news conference with the rhode island governor in just a bit. this is the person who shut down part of i-95 and was warning they have been seeing the worst flooding in rhode island in 100 years. some weary city officials out in davenport, iowa this afternoon. they have been under siege for 24 hours over an idea to rename good friday quote "spring holiday." the other one was too gaudy. so how did the whole good friday controversy get started? >> reporter: it emerged out of an official closure notice a week before the holiday telling

folks who work more the city and do business with the city, this building will be closed. but instead of noting april 2, good friday, the city will be closed for business, it said spring holiday. people said what's going on here and the controversy sprang from there. megyn: my understanding is this was the brain child one person and not a single person had complained about the name good friday, is that correct? report * the original -- >> reporter: the original idea came from the city rights commission. they did recommend a year ago that they change the name, not necessarily the date, just a name that could be all inclusive and wouldn't raise questions about separation of church and state. but when the whole thing came forward in an article last saturday, that's when the telephones started ringing. >> we were blindsided by this.

the civil rights commission never came to us. it was a snafu from the start. >> reporter: the city administrator said that piece of paper came from his office and it was his fault and there has never been any official action to change the name of good friday. megyn: hundreds of feet from what could have been a catastrophy. new details and video on the near mid-air collision. megyn: trace gallagher in with more on that. 10 minutes until code pink joins us live to tell its half of the story on their efforts to arrest

karl rove. >> you lied to take us to war. you ruined the country. the only comfort i have is you are going to rot in hell. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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or visit try aciphex.com/10 and get your voucher today. a-c-i-p-h-e-x. aciphex! megyn: new details on what may have been the closest thing to a mid-air disaster that we have

seen in years. the faa and ntsb are trying to figure out why a united airlines jet carrying hundreds of passengers nearly slammed into assess that in the city of san francisco this past weekend. look how close they are. at one point the two planes 1,500 feet apart horizontally and 300 feet apart vertically. that's the length of one football field away from each other. we have audio from the control tower. megyn: trace gallagher is watching this for us. >> reporter: these planes are supposed to be three miles

apart. at one point they got so close the pilot looked up and could see the underbelly of the cessna. 281 people going to china going to the north. the cessna was coming south. 1,500 feet apart. but keep this in mind. the 777 was going 300 miles an hour rising at 4,000 feet per minute. if you look at that separation the experts tell me this crash could have been a split second from happening. luckily you heard the tower say cessna go behind. the cessna pulled up and went to the left. the 777 leveled out just in time. 300 feet away. here is more of the back and forth between the pilot and the tower. listen to this.

>> reporter: that set off a t toast. that's a collision avoidance alarm. that's what freaked her out. we said we need to talk. the ntsb and the faa are involved in this. they believe the tower made the mistake because they gave the 777 clearance to take off to the north and they didn't recognize that the 182 was still on the way door landing coming in from the south putting these planes on a collision course. extraordinarily close. the closest we have seen in quite some time. megyn: you think of the carnage that would have happened. not just on the plane, but on

the brown. this is right over the city of san francisco. talk they will as they investigate this. they are going to get to the bottom of this one. >> reporter: indeed they are. there is a good example. it goes over the south -- it goes up over the city. they were 1,000 feet up in the air. they were over one of the most populated parts of the bay area when this thing almost happened. megyn: unbelievable. trace gallagher, thank you. forecasters are warning that worst is still ahead after three days of relentless rain in the northeast. man, have we been getting pounded. rivers from maine to connecticut are still rising even though the rain has stopped. the biggest worries they say are in southeastern massachusetts and rhode island which bore the brunt of the storm. record-breaking rain, forcing hundreds of people from their

homes and knocking out sewage treatment plants across the region. it's going to take a while to get cleaned up from this one. police say robert crantz was shot dead in the middle of the night. investigators believe that his killer was an illegal immigrant. now senator john mccain is among those who want answers. alex afterrage filed -- alex asvage filed this report. >> reporter: john mccain focused on boarder violence. he thinks the national guard should be called in right away. >> as many as are available. this level of violence on the border is the highest level in

history, and the danger of it spilling over into our country is obviously there report report police believe he was killed by an illegal i am front, possibly a smuggler of some kind. mccain asked janet napolitano to send the guard to the border. the governor is also pushing for federal help at the arizona border. >> the concern is that the federal government's responsibility is the bored it's a federal responsibility. so the federal government should be the ones to pick up the tab for sending the guard to the border. >> reporter: the department of homeland security won't say if they are considering deploying guard troops anytime soon. a spokesman gave us a statement that says dhs will respond directly to the members of

congress. the secretary shares these members' concern and is committed to working with state, local, tribal and mexican law enforce the partners to combat threats on both sides of the border from violent cartels. megyn: the arizona rancher's murder is the latest development in this escalating crisis another u.s.-mexican border. what should president obama do? we want to know what you think. you can cast your vote in the online poll we are taking on that question now. a possible pothole on the road to recovery. the private sector cutting 23,000 jobs this month. the drop coming as a complete surprise. economists were predicting companies would add 40,000 jobs this month.

the federal judge employment numbers for march come out friday. president obama announcing new plans to expand offshore oil drilling. but he is not chanting drill baby drill just yet. here is some of what the president had to say on this earlier today. >> my administration will consider potential areas for development in the mid and south atlantic and the gulf of mexico while studying and protecting sensitive areas in the arctic. we'll continue to support the areas off the north slope of alaska. megyn: jim age has gotten to the bottom of this and he will help us out. what is it that president is doing? >> reporter: you heard him use the word "consider." he's expressing a willing less to open up offshore development but not doing anything to open

them up. no one expects lease sales until 2012. even in places like virginia which is champing at the about it to drill offshore. this would be 50 miles offshore or more. what we have is we are identifying areas they will study for years to come and see if any areas should be open for drilling. president obama has frozen stems the bush administration had taken in 2008 to expands offshore drilling. the bush administration and congress lifted long standing morer -- long standing moratori. megyn: the president almost seemed to apologize for allowing new drilling. >> reporter: the environmentalists won't be happy and some of this other supporters. he emphasized he didn't make the decision lightly. he and his aides have been

studying for a year. listen to this. >> the bottom line is this. given our energy needs in order to sustain economic growth and produce jobs and keep our businesses competitive, we are going to need to harness traditional sources of fuel even as we ramp up production of new sources of renewable home grown energy. >> reporter: his homes of reducing carbon emissions will have to give way to producing oil. but not soon. megyn: why now? >> reporter: it's interesting. a lot of republicans on capitol hill is saying the president is trawling for votes on his cap and trade. he has backed way off that. it has gone nowhere in congress

and he's struggling to find a consensus to get something done. republicans are arguing he's looking for votes on his energy policy. some former bush administration officials tell me he is embracing at least in principle 95% of what they were proposing to do but delaying it until a time that it may not be that useful or is years away. megyn: thank you so much. america pledged a billion dollars for earthquake relief in haiti. more than 2 months after the disaster, what's been done with your money. we'll show you live in five minutes. karl rove in a close encounter of the code pink kienld. pretesters crashing his book signing trying to pull off a citizen's arrest. we'll talk with the woman who leds the charge. [ female announcer ] sometimes you need tomorrow

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megyn: we are awaiting the results of a hearing on a militia group plotting to kill police officers. they were arrested in a series of raids. investigators say they planned to lure cops in with a fake 911 call. kill the responding officers and use a bomb to kill even more of them at funeral. in just about 20 minutes karl rove is set to appear at a book signing in lafayette, california. his book tour got off to an interesting start in beverly

hills monday night. code pink taking heckling to a whole new level. they crashed the the event and even attempted a citizen's arrest. here is some of it. >> you lied to take us to war. you ruined the country. the only comfort i take is you are going to rot in hell. >> if you want to keep interrupting me, you can get the heck out of here. megyn: that woman in that pink hat, jody evans is the cofounder of code pink and she is my guest now live from los angeles. thanks for coming on. we appreciate it. when you see the whole response, those in the audience, they are upset. they showed up there because they wanted to hear him. who are you to silence that? >> i also showed up there because i wanted to hear him. i paid the same amount of money they paid. we sat and listened for about an hour to his lies. a book that talks about courage

and consequence. what courage does it take to lie the american people into a war that has been disastrous. megyn: who are you to silent his voice. >> i did not silence his voice, i had a legal arrest complaint that empowers me as a citizen to arrest someone that breaks the law. by went up with play handcuffs and i tried to put them on and i was dragged away. megyn: you did not disrupt the event. >> the event was almost over. megyn: you stormed the stage, you got in his face. the security guards had to come pout. you boast about bullying the security guards into leaving you alone and the people at the event were outraged they didn'tgate get to heart man they paid to see. >> i took advantage of the opportunity. i went there just as they did and i as a citizen did what all citizens should do and hold

those accountable that horribly violate the laws of america. megyn: did you -- >> are you telling me i should be polite while a woman sitting next to me her nephew died. hundreds of thousands of people have died? megyn: that's one of the thing that makes this country great. but what about doing it outside of the events. what about respecting the process and the other citizens who wanted to hear mr. rove, not to mention mr. rove themselves. so you could have your say and he could have his. >> he doesn't even make himself available. he forces us to take the opportunity when we can. i was polite for an hour. i let him speak to everyone. it was the end of the event. i was polite. unlike rove who lied the american people into war.

megyn: that woman got up there and said she was comforted that he was going to hell, praying for his death. >> that woman's nephew died in this illegal war. she was crying. megyn: let me get my question in then i'll let you respond. it's not helpful if you talk over me. let me get my question in, then you can respond. even people who believe like you bleach online are talking about the ineffectiveness of your message. saying what you actually did is you made karl rove look sympathetic and yourself and your group look rude. >> i'm sorry they see us this way. they should see karl rove as the criminal he is and we are left with the only option to make a citizen's arrest. since he's not surrendering to the citizen's arrest it will always look rude.

megyn: you say on your web site without the rule of law, it's all darkness. and you believe in the rule of law, don't you? >> that's what i'm fighting for. megyn: are you familiar with california's disorderly conduct statute? >> yes, but i also have an arrest cop plant it. he was the one resisting arrest. megyn: i want to know if you are familiar with the disturbing the fees statute which makes it unlawful to disturb another person by the laws and unreasonable message you chose. >> if a police officer goes inta criminal, they disrupt that event to arrest the person. megyn: you claim to respect pght rule of law but way saw on that tape is not a law-biding citizen. >> yes, it was. i wish every citizen would be so law-abiding. i took an arrest cop plant it that legally empowers me as a

citizen to arrest someone that has broken the law. hundreds of thousands of people have died. megyn: he has made it without any arrests so far. i hear no apology which is not that surprising. do you plan as you say on your web site to show up today at the lafayette book signing or another book signing? >> i will not be there. i believe other code pink activists will be there. we'll continue until these criminals are held accountable. if congress and law enforcement people won't do it, it's only up to the citizens to do it. we have to hold them accountable. a trillion dollars of american money has been wasted. megyn: have you ever been arrested? >> many times. megyn: that could be happening again. thanks for coming on. we appreciate it. >> thank you.

megyn: you just heard on "america live" from the code pink cofounder on her reasons for shouting down karl rove. just ahead you will hear from bernie goldberg who has been watching. he has some thoughts on that. and we want to hear from you. kelly@foxnews.com, and follow me on twitter at megyn kelly. we are checking your messages. a pop singer go to the site where a president was assassinated and takes off all of her clothes for a music video in broad daylight right in front of little children. can the city take action? that's on the docket in "kelly's court." >> look at that lady, what is she doing? (announcer) we're in the energy business.

but we're also in the showing-kids- new-worlds business. and the startup-capital- for-barbers business. and the this-won't- hurt-a-bit business. because we don't just work here. we live here. these are our families. and our neighbors. and by changing lives we're in more than the energy business we're in the human energy business. chevron.

megyn: fox * amtrak suspended. amtrak has suspended service because the tracks are under water in parts of rhode island. look at these homes. look at that person's front door on the right where the columns are. can you imagine way it's like inside that home on the first floor? amtrak saying the rest of its new england trains will continue running but you can expect weather delays so call before you get on the trains today. the obama administration pledging $1 billion to help rebuild haiti. many americans opened their hearts and wallets to help the victims. but two months later the situation is little improved. steve harrigan is live with more in port-au-prince. >> reporter: we have been trying to find out how much the

situation has improved for people we talked to days after the earthquake. we talked with a husband and wife who lost five of their children. we went back to their destroyed home where some of the bodies of their children still lay in the rubble. it's not easy for her to look at the bodies of his children. in the rubble somewhere below his feet the same place they lay two months ago. >> that was the bedroom. they tried to run out through the front door whenever it collapsed. as far as you know the bodies are still there. we met him just after the quake when he was holding down his wife on a mattress, trying to prevent her from running out into the road. i was just trying to hold on to

her. she is my wife, she is all i have left. it's in god's hands he says why this is happening. basic services in haiti like schools assuming still not operating. for some families burying their own children are still out of reach. megyn: coming up we'll have more on those code pink protesters who went after white house senior counsel karl rove. we'll speak with media analyst bernie goldberg. bernie thinks there is a double standard in the media when it comes to free speech. don imus never pulls punches with anyone. what did he ask yours truly? we'll show you three minutes away. ÷ú@úñp

>> former white house chief of visor karl rove is about to speak at a book signing in lafayette, california. two days after he was heckled off the stage at a theater in beverly hills by some code pink protesters. check out how they blasted rove. >> you lied to take us to war. you ruined the country. the only comfort i take is you are going to rot in hell. megyn: the nasty outburst forced

rove to cut event short. my next guest has some thoughts on it. bernie, did you watch it? what did you think? >> a true believers always make me nervous. and code pink and that woman are certainly true believers. given everything that's going on in the world what happened to karl rove is not a big deal. but it's important in that it tells us how some liberals think these days. some liberals. once upon a time at heart and soul of liberalism was that all voices get to be heard. we were taught in school that i may not agree with what you have to say but i'll defend to the death your right to say it. nobody is expecting anybody to die so karl rove can sell books in beverly hills. but what these people are doing is throwing liberalism under the

bus. they are not behaving like liberals at all. they shout down karl rove because they don't like what he has to say. in ottawa another group of liberal students didn't like what ann coulter was going to say so they shout until she couldn't even speak. they do it to other conservative speakers and i'm not calling these people nazis, i want to make it clear. but they are not behaving like liberals, they are behaving like brown shirted thugs. megyn: they say they are fighting back. they look at things like the tea party protests and say we are sick of watching that. we are sick of seeing our lawmakers get spat upon which many say didn't happen, but they believe did. we are sick of hearing the "n" word when lawmakers don't vote the way people want them to, so if we have to get in people's face a little bit, so be it. >> you know who else says that?

the taliban says that. there is a taliban without guns and violence. any time a true believer says what you just quoted them as saying, that means they can do anything they want. they don't like the attention that the tea party is getting so they can shout down karl rove. the students on campus don't like what liberals are saying so they can shout down them. that's not how it works in our culture. megyn: what some are saying, they are at point of disgust with the protests they are seeing on the right. and you are seeing it with regular old folks on the left and you are seeing it with some in the media. there was an extraordinary piece in the post * buy colby -- in the "washington post" who dismissed the tea partyers as racists. this guy went on and on. >> i read it. let me say this. anybody who likens these people we are watching now, the tea

party people with the ugly racist bigots of 50 years ago in little rock, arkansas, and tuscaloosa, alabama, anybody who makes that comparison is committing slander. that's what it is. and the writer for "the washington post," mr. king, despite the fact he won a pulitzer prize, you can't be taken seriously if you write that kind of stuff. megyn: he says tea party members behave as they do because they have been culturey conditions that they are entitled to do whatever they want to whomever they want. i wonder if he will come up with a similar piece on the code pinkers who just showed up to try to shout down karl rove. >> that's a good question. unfortunately it's rhetorical because we know he's not going to do that.

but there's something interesting about this. within just a few days of each other three cartals have come -- three articles have come out saying the same thing. then last sunday in the "new york times" frank rich said healthcare reform debate isn't even about healthcare. you think it would be about healthcare but it isn't. it's about white people in america being fearful of a black president, a woman speaker of the house, a latina on the supreme court, and an important congressman barney frank who is gay. this is stupidity on a grand scale which mr. rich is -- it's something that's not new to him. and then you have "the washington post" piece which compares tea party people to these out and out racists of the 50s in the deep south, in the

old south. this is seriously slanderous. this is disgraceful. and i will predict it is not the end of it. this is part of a pattern. if i were a conspiratorialist i would say there is a vast left wing conspiracy. i don't believe there is, but you marginalize people in this culture when you call them racist. megyn: it is a serious charge. we appreciate bernie's insights on this. if you missed any of that interview you can check it out on line. if you missed our interview with the code pink jody evans it's on foxnews.com/america live. you can see mr. snyder, the father of that fallen marine who was subjected to those protesters from the westboro baptist church.

facing off against the i-man. i sat down with shock jock don imus on his show yesterday. here is a sample. >> this girl is living the dream. new baby, new husband -- originally new husband, hit show, huge, got to be something wrong in your life. we want to know what it is. >> there used to be many things wrong in my life, then i changed my life and now i'm living the dream, now i'm a happy person. it took a lot of work to get from a to b. i graduated from law school and i thought i'm going to be an attorney. an attorney at law. attorney counselor. started practicing law and loved it at first. then it became a big grind. and i was married at at times to a good guy, a doctor who was a very good friends of mine.

but we were more friends than husband and wife. so i found myself in a job after five or six years that wasn't fulfilling at all. >> you turned to drugs and alcohol. >> thankfully i managed to avoid that stuff unlike some people at this table. you know, i found myself in an unhappy job and unhappy marriage and just decided i wanted more from life than that. and made some really bold changes in my life and here i am 10 year later a lot happier. >> good for you. megyn: maybe you can relate. you can check the i-man out every morning on the fox business network. he starts at crack of dawn and goes to 9:00 a.m. he starts at 6:00 a.m. and goes to 9:00 a.m. coming up, studio b with shepard smith, another good man. >> coming up at top of the hour we'll get into that case of the kid they had called the headlines bullied to death.

you may remember a child was bullied and eventually killed herself. then she was bullied even in death. more students have been removed from that school and an investigation is underway. more on this 30-year state department veteran who had classified document and security clearances stripped away. and job seekers, if you are looking for a job and you smoke cigarettes we'll be able to tell you where not to go because for the first time at this particular place, if you smoke or have nicotine in your system you are not eligible for the job. we'll tell you where it is, why they are doing it and might ask them how about alcohol? how about salt? if you have salt, how about that. we'll get into all that at the top of the hour on studio b unless breaking news changes everything. megyn: a lot of folks called it dumb. now some are asking if it's criminal. a pop singer takes off all her

clothes on a city street for a music video, right in front of several children. can the city take legal action? should it? "kelly's court" take that one on next. >> if she wants to make a statement, make a statement. don't do it while my child is standing there watching you get butt:naked.

megyn: "kelly's court" is back in session. on the docket today, butt naked on the grassy knoll. at site of president kennedy's assassination all for a music video. >> reporter: kayly went to dallas to see the sights and she did. >> i said, mom, look at that

lady would be is she doing? >> reporter: that's kayly and that's erykah badu. it's her latest music video. kayly and her mom didn't know that at the time. >> not at pull. i didn't hear nobody coming to me saying your daughter will be in this music video. had she been asked her answer would be been know. >> let her make a statement, but do it tastefully, don't do it when my child is standing mr. watching you get butt naked. don't do it. >> she is a fan of erykah badu, or she was until she started fielding questions about her third grader about why she chose that day and that spot to take off all her clothes. >> reporter: not fair wes espy

-- not fair, says espinosa. megyn: should charges be brought against her? let's ask or panel jonna spilbor and mercedes colwin. here is my question to you. is what she did illegal? >> it probably was the best time to ask her for an autograph, but imgoing to say the first amendment says she is allowed to get naked in public as long as she is not being obscene. the question is define obscene which is about as easy as defining the color red. we know it when we see it. i think because this was a video, an artistic expression, she is on solid legal grounds. megyn: is that true? >> no. what serious literary artistic message is she giving?

she is basically revisionist history. she has gone back to where one of our greatest presidents was assassinated. if you look at the supreme court cases it says is it consider sexual? yes, is it conduct that's obscene? it is obscene because people are oh fend. you have one -- people are oh fend. she said my 9-year-old is watching. i'm surprised and shock that law enforcement officials -- any of us did that we would be arrested in a nanosecond. megyn: i looked at indecent exposure law in texas. it says a person commits an offense of indecent exposure if she exposed any part of or jenitals with the intent to

arouse. she says this is about art. so does that qualify? was this with the intent to arouse? >> that many the argument. she has got to say no because then it would come into the definition of obscenity. but if it's for some other not purely sexual reason, then she wins on that legal argument. megyn: is that what it's going to come down to? was there an indon't arouse? >> walk among a group of men and women, i would say yes. why'do it in the studio. she could have don't with a green board in the background and they could have done the tim without doing this in public. megyn: if the jury buys her argument, i did not intend to arouse anyone, and let's assume that's true. let's assume she did not have intent to arouse, are you

telling me there is no statute opportunity which this can be charged in texas? you have got a 9-year-old girl standing there and nothing can be done? >> i think honestly it would be a reach. i'm not arguing this is in poor taste. she might get slapped on the wrist for not getting permission to do this in the first place. megyn: if she had gotten the permit and she can proof she didn't have any intent to arouse, it was just for art. no crime whatsoever? >> i still think that indecent exposure laws would come into place. if there aren't any individuals within the immediate vicinity, but she didn't get a permit. she did this for shock value.

she did it because it will sell the record she is promoting. this is something she should get charged with indecent exposure. she takes it all off. she goes completely butt naked in front of little children. >> going back to where the president was assassinated. i think that's obscene. megyn: it's in poor taste, but is it illegal. thanks so much. as i read the indecent exposure statute i don't think there is a crime here if they can't proof she intended to titillate people. more importantly you can hold this woman to account at cash register by not buying this release and not supporting this kind of behavior. i'm no prude but when you involve children like this you cross the line.

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>> lieutenant colonel on viv north and chuck colton are in kandahar. earlier today they were ground exclusive access to cover the derks ea administrators visit. olly is streaming to us live from kandahar. why was the u.s.dea administrator in marjah today? >> she went there because it's the hearted of the narco insurgency against the coalition by the taliban. without that opium, they don't survive.

she went there because she is work on it with me. chris -- can't show his face because he's undercover. why was that significant? >> the significance is three months ago that city was totally under taliban control. today we were able to walk down the street, a perfect illustration of the collaboration between dea, u.s. military and afghan forces. >> are you optimistic about the future? >> i'm very optimistic. we have the tools we need to take these people off the streets. we have afghan counterparts coming up to speed and doing a great job. they are able -- they have the ability to take them off site and prosecute them here in kabul. >> you have been out here a long time. anybody at home you want to say

hello to? want to say hi to anybody? >> i would like to say hi to my mom, dad, two brothers, sisters and all their kids. >> you have got a lot of fans out here. he thank you for letting these guys tell their story. megyn: god bless them all and thank them for their service. coming up after this break wheat get into the claims that that woman had a right to make a citizen's arrest. captioning made possible by fox news network

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we're getting a ton of email on the codepink interview and some of you are asking could this woman make a citizen's arrest of karl rove? generally the law is you can if you see a crime in progress or have reason to believe that one -- reasonable basis to believe one occurred. her argument is he committed war crimes when advising president obama. the reason most people don't make citizen's arrest is if it's baseless you get sued for false imprisonment and the arrestee wins the case. that was a thumbnail sketch of the law. thank you for emailing and watching. we're taking